Bogle v. Regal Colonnade et al

Filing 13

ORDER. It Is Therefore Ordered that this case is remanded to the state court from which it was removed for all further proceedings. The clerk of the court is instructed to close this case. Signed by Judge Andrew P. Gordon on 8/1/2022. (Copies have been distributed pursuant to the NEF - Certified Order and Docket Sheet mailed to State Court - LOE) Modified Judge's signature date on 8/2/2022 (SLD).

Case 2:22-cv-01054-APG-EJY Document 13 Filed 08/02/22 Page 1 of 1

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 DAVID BOGLE,
4

Plaintiff

Case No.: 2:22-cv-01054-APG-EJY
Order Remanding Case to State Court

5 v.
6 REGAL COLONNADE, et al.,
7
8

Defendants
I previously ordered the defendants to show cause why this case should not be remanded

9 to state court for failure to establish the amount in controversy. ECF No. 9. The defendants
10 responded by presenting evidence that prior to filing suit, the plaintiff made a demand for the
11 policy limit, which is $1,000,000. ECF No. 11 at 10, 20. But at the time of that demand, the
12 plaintiff did not know what the limit was. Id. at 10 (“Unfortunately, your insured has chosen not
13 to divulge the amount of their policy limits.”). The only other evidence the defendants offer is
14 the plaintiff’s refusal to stipulate to cap damages at $75,000. Id. at 23. That is insufficient for the
15 defendants to meet their burden of showing that more than $75,000 is at issue. See, e.g., Jauregui
16 v. Mid-Century Ins. Co., No. 2:16-cv-01496-GMN-NJK, 2016 WL 5952742, at *2 (D. Nev. Oct.
17 12, 2016).
18

I THEREFORE ORDER that this case is remanded to the state court from which it was

19 removed for all further proceedings. The clerk of the court is instructed to close this case.
20

DATED this 1st day of August, 2022.

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22
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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE